New Mexico Community Assistance

NMSA 1978 ch. 11, art. 6

in effect

NMSA 1978, § 11-6-1 Short title

11-6-1. Short title This act may be cited as the "New Mexico Community Assistance Act." 1953 Comp., § 14-64-1, enacted by Laws 1977, ch. 299, § 1.

NMSA 1978, § 11-6-2 Legislative findings and statement of purpose

11-6-2. Legislative findings and statement of purpose A. The development of infrastructure needs of local communities, including but not limited to water, sewage treatment, power, transportation and communication, is a prerequisite to economic development in all areas of the state. Local communities cannot finance these infrastructure needs alone because of inadequate bonding capacity, lag time between development and the generation of revenue and the dependency of economic development on an adequate infrastructure. B. The legislature finds and declares that, to aid local communities in providing adequate, safe and sanitary services, a community assistance program is needed, particularly for those communities faced with rapid growth or loss of their tax base. A council should be created to review proposals submitted by political subdivisions and to allocate funding from several sources, including severance tax bonds as approved and issued by the state board of finance, community development block grants from the federal government and such other sources of funding as the legislature may specify from time to time for financing needed projects for local community infrastructure development. C. In order to maximize the utilization of various sources of funding, the legislature designates the local government division of the department of finance and administration as the central clearinghouse and administering and coordinating agency for state and federally funded programs for local community infrastructure development to provide for a common application and funding cycle, promote efficiency, prevent confusion and duplication and limit paperwork for communities seeking assistance. 1978 Comp., § 11-6-2, enacted by Laws 1984, ch. 5, § 2.

NMSA 1978, § 11-6-3 Definitions

11-6-3. Definitions As used in the New Mexico Community Assistance Act: A. "council" means the New Mexico community development council; B. "project" means, except as limited by the state constitution, the purchase, construction, lease, gift, grant, reconstruction, improvement, option to purchase or other acquisition of educational, cultural, recreational, community, municipal, social service or other facilities by a political subdivision, including but not limited to publicly owned water systems, sewer systems, municipal utilities, roads, streets, highways, curbs, gutters, sidewalks, storm sewers, street lighting, traffic control devices, parking facilities, vocational training and rehabilitation facilities, airports, hospitals, nursing homes, publicly owned mental health, alcohol and drug abuse, child abuse and family counseling facilities, juvenile detention homes, swimming pools, parks, auditoriums, public buildings, libraries, fire and police stations, jails, waste disposal systems and sites, special assessment district improvements and all necessary real and personal property therefor, but does not include facilities for the public schools; C. "community assistance program" means a program to assist political subdivisions with infrastructure development, which may include but is not limited to: (1) a grant or loan of funds to the political subdivisions; (2) gathering data about the political subdivisions; (3) providing technical assistance to analyze the needs and seek solutions to problems related to infrastructure development in political subdivisions; and (4) providing technical assistance in seeking funds from sources other than the council; D. "division" means the local government division of the department of finance and administration; and E. "political subdivision" means any county; incorporated city, town or village; drainage, conservancy, irrigation, water and sanitation or other district; mutual domestic association; public water cooperative association; or community ditch association. 1953 Comp., § 14-64-3, enacted by Laws 1977, ch. 299, § 3; 1981 (1st S.S.), ch. 11, § 1; 1984, ch. 5, § 3.

NMSA 1978, § 11-6-4 New Mexico community development council; established; appointment; terms; officers

11-6-4. New Mexico community development council; established; appointment; terms; officers A. The "New Mexico community development council" is created. B. The council shall consist of (1) the secretary of finance and administration or a member of his staff designated by him; (2) the governor or a member of his staff designated by him; (3) the secretary of health and environment or a member of his staff designated by him; (4) the lieutenant governor or a member of his staff designated by him; and (5) seven members appointed by the governor. Appointments shall be made for three-year terms expiring on January 1 of the appropriate year. Each of the following districts shall be represented by one member who shall reside in that district: (a) district one - San Juan, McKinley and Cibola counties; (b) district two - Rio Arriba, Santa Fe, Taos, Los Alamos, Colfax, Mora and San Miguel counties; (c) district three - Bernalillo, Sandoval, Torrance and Valencia counties; (d) district four - Union, Harding, Quay, Guadalupe, DeBaca, Roosevelt and Curry counties; (e) district five - Catron, Hidalgo, Luna and Grant counties; (f) district six - Lincoln, Otero, Chaves, Eddy and Lea counties; and (g) district seven - Sierra, Dona Ana and Socorro counties. Appointment of the two additional members provided for in the 1984 amendment to this subsection shall be for terms expiring on January 1, 1986 and January 1, 1987, and thereafter for three years. C. An appointed member's term may be terminated by the governor for good cause shown. D. Appointed members shall serve in office until their successors are appointed unless sooner removed according to law. If a vacancy occurs in the office of an approved member by death, resignation or otherwise, the governor shall appoint a successor to serve for the balance of the unexpired term. E. The governor shall select one member to be chairman of the council. The council shall select such other officers as it deems necessary. 1953 Comp., § 14-64-4, enacted by Laws 1977, ch. 299, § 4; 1978, ch. 63, § 1; 1981 (1st S.S.), ch. 11, § 2; 1983, ch. 296, § 15; 1983, ch. 298, § 2; 1984, ch. 5, § 4.

NMSA 1978, § 11-6-4.1 Regulations

11-6-4.1. Regulations A. The council, after public hearing, shall adopt regulations to provide for: (1) procedures and forms for making grants under the New Mexico Community Assistance Act; (2) documentation to be provided by the proposed grantee to justify the need for the community assistance program; (3) procedures for review, evaluation and approval of grants; (4) procedures for reporting by the grantee of programmatic, organizational and financial information necessary to the review, evaluation and approval of a proposed or existing grant to be funded or which is funded by the council; (5) a guide for the evaluation of the ability and competence of a proposed or existing grantee to efficiently and adequately provide for the completion of the project; (6) development and phase-in of a common application form and funding cycle insofar as practical for all state and federal grant or loan programs for local community infrastructure development administered or coordinated by the division; (7) procedures for the coordination and handling of applications for all state and federal grant or loan programs administered and coordinated by the division; (8) procedures to control the number of applications from each political subdivision; and (9) such other requirements deemed necessary by the council to ensure that the state receives the services for which the legislature appropriated money. B. Regulations adopted by the council shall become effective when filed according to the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978]. 1978 Comp., § 11-6-4.1, enacted by Laws 1981 (1st S.S.), ch. 11, § 3; 1984, ch. 5, § 5.

NMSA 1978, § 11-6-5 Powers of the council

11-6-5. Powers of the council The council shall have all the powers necessary to carry out the purposes and provisions of the New Mexico Community Assistance Act, including but not limited to the power to: A. develop and oversee the administration of community assistance programs; B. adopt, amend and repeal, in accordance with the provisions of the State Rules Act [Chapter 14, Article 4 NMSA 1978] and with technical assistance from the staff of the division, all regulations necessary to administer and enforce the provisions of the rules of the New Mexico Community Assistance Act; C. apply to any appropriate agency of the United States for participation in and for receipt of aid from any program designed to assist local community infrastructure development; D. oversee the administration of federal and other funds which are received, controlled or disbursed for the purposes of carrying out the provisions of the community assistance program; E. coordinate and mobilize assistance and funding resources in regard to the construction, extension or repair of projects; F. coordinate with, assist and seek input from political subdivisions, community organizations and civic groups; G. make and enter into all contracts and agreements necessary or incidental to its duties and the execution of its powers under the New Mexico Community Assistance Act; H. do any and all things necessary or convenient to carry out its purposes and exercise the powers given and granted in the New Mexico Community Assistance Act; and I. disburse and oversee the administration of any other funds appropriated to the council or as directed by the legislature. 1953 Comp., § 14-64-5, enacted by Laws 1977, ch. 299, § 5; 1978, ch. 63, § 2; 1984, ch. 5, § 6.

NMSA 1978, § 11-6-5.1 Powers and duties of the division

11-6-5.1. Powers and duties of the division The division, in accordance with regulations adopted pursuant to Section 11-6-4.1 NMSA 1978, shall have the power and duty to: A. act as a clearinghouse, provide coordination and handle applications for all state and federal grant or loan programs for local community infrastructure development; B. develop and adopt, insofar as possible, a common application form and funding cycle for all state and federal grant or loan programs for local community infrastructure development, including but not limited to programs under the New Mexico Community Assistance Act, the Water Supply Construction Act [Rural Infrastructure Act], the development fund, any state or federal solid waste management program, the federal wastewater treatment construction grants program, any state wastewater treatment construction grant or loan programs and federal community development block grant funds; C. forward all applications for federal wastewater treatment construction grants to the water quality control commission or its designated constituent agency within five working days of receipt; provided that the water quality control commission and its designated constituent agency shall have authority for the administration of federal wastewater treatment construction grant funds, including determining eligibility of grant applicants, establishing priority systems and priority lists for grant applicants, technically reviewing grant applications and approving or denying grant applications; D. administer federal community development block grant funds and all other federal and state grant or loan programs for local community infrastructure development for which the council has oversight responsibility or where such administration is not otherwise provided for by law; and E. make and enter into all contracts and agreements necessary or incident to its duties and the execution of its powers under the New Mexico Community Assistance Act. 1978 Comp., § 11-6-5.1, enacted by Laws 1984, ch. 5, § 7.

NMSA 1978, § 11-6-6 Community assistance application requirements

11-6-6. Community assistance application requirements A. A political subdivision desiring a grant of funds from the council shall file an application for a grant of funds with the council, which shall contain at least the following: (1) a general description of the proposed project and a general description of related existing facilities, if any; (2) a general description of all real estate, if any, necessary for the proposed project; (3) preliminary plans and other documents necessary to show the type, structure and general character of the proposed project; (4) estimates of cost of the proposed project; (5) a general description and statement of value of any property, real or personal, of the political subdivision applied or to be applied to the proposed project; (6) a statement of cash funds previously applied, or currently held by or on behalf of the political subdivision, which are available for and are to be applied to the proposed project; (7) evidence of the arrangement made by the political subdivision for the financing of all costs of the proposed project in excess of the requested assistance from the council; (8) evidence that the political subdivision has the organizational and technical competence to utilize the requested funds efficiently; and (9) evidence that the political subdivision can properly operate and maintain the facility to be constructed for its useful life. B. After receipt of an application for a grant of funds, the division shall provide copies of the application to appropriate state agencies, who shall have fifteen working days to review the application and communicate their comments to the council. The division shall also review all applications and submit its recommendations to the council. In deciding whether or not to approve assistance funds, the council except as provided by applicable federal law shall consider, but is not limited to: (1) the health and safety of the residents to be served by the proposed project; (2) the needs of other political subdivisions for infrastructure development funding; and (3) other sources of funds available to the political subdivision to fund the proposed project. C. All action shall be taken by vote of a majority of the members of the council. D. The division shall, upon a decision by the council to approve assistance funds to a political subdivision, notify all appropriate state agencies of the project and request that they monitor it to assure that all statutes, rules and regulations are complied with and that standards are maintained. 1953 Comp., § 14-64-6, enacted by Laws 1977, ch. 299, § 6; 1984, ch. 5, § 8.

NMSA 1978, § 11-6-6.1 Requirements

11-6-6.1. Requirements A. No project which will result in increased demand for water in the area of the project shall be recommended for approval by the council until the council is satisfied that the political subdivision either holds or can acquire water rights sufficient to meet the increase in demand. Nothing in this subsection shall be construed to require any political subdivision to submit information in an application under Section 11-6-6 NMSA 1978 which information would not be required under that section. B. The council shall not approve a grant of funds for any political subdivision unless the council is satisfied that the political subdivision has taken all reasonable steps to use other sources of funding. C. Of the grants made in any one fiscal year, at least fifteen percent of the dollar amount shall be made to counties with populations of less than fifteen thousand and other political subdivisions with populations of less than three thousand or on behalf of areas with populations of less than three thousand. For such grants, regardless of funding source, the council may, if it finds such to be in the public interest, waive any requirements to use other sources of funding. D. No grant in excess of five hundred thousand dollars ($500,000) for any one project shall be made to a political subdivision in any one fiscal year, provided that this maximum does not apply to state funds for matching federal wastewater treatment facility construction grants. E. In making grants from state funds that are not limited to a particular type of project, the council shall give priority to the needs of political subdivisions impacted either by rapid growth or loss of tax base. 1978 Comp., § 11-6-6.1, enacted by Laws 1979, ch. 166, § 4; 1981 (1st S.S.), ch. 11, § 4; 1983, ch. 298, § 3; 1984, ch. 5, § 9.

NMSA 1978, § 11-6-7 Ownership

11-6-7. Ownership Upon completion of the project, ownership of the project will reside with the political subdivision which constructed the project. 1953 Comp., § 14-64-7, enacted by Laws 1977, ch. 299, § 8.

NMSA 1978, § 11-6-8 Staff

11-6-8. Staff The staff of the division shall be the staff of the council and shall provide technical assistance, compile data, evaluate the effectiveness of the program and report its findings to the legislature. 1953 Comp., § 14-64-8, enacted by Laws 1977, ch. 299, § 9; 1978, ch. 63, § 3; 1984, ch. 5, § 10.

NMSA 1978, § 11-6-9 Assistance by state agencies

11-6-9. Assistance by state agencies A. Upon request of the council, any state agency is authorized and empowered to temporarily assign to the council such officers and employees as it may deem necessary from time to time to assist the council in carrying out its functions and duties under the New Mexico Community Assistance Act. The officers and employees so assigned shall not lose their status or rights as public employees. B. Upon request of the council, any state agency, or officer or employee thereof, is authorized and empowered to lend such technical assistance, render advice and attend meetings with directors and employees of the council as the council may require in carrying out its functions and duties. 1953 Comp., § 14-64-9, enacted by Laws 1977, ch. 299, § 10.

Source: New Mexico Compilation Commission (nmonesource.com)URL: https://nmonesource.com/nmos/nmsa-unanno/en/item/18511/index.doFetched: 10/20/2026